Rusty Arnold Joins TDN Writers’ Room Podcast

After receiving a seven-day suspension and a $1,000 fine after a horse he trained tested positive for a metabolite of Tramadol, trainer Rusty Arnold went on the offensive.

While he did not argue the fact that the horse tested positive, he has said that it is grossly unfair that the HISA/HIWU continues to suspended trainers for minute amounts of drugs that aren't considered performance-enhancing.

Advocating for a major change in how these infractions are dealt with, Arnold was this week's guest on the TDN Writers' Room podcast presented by Keeneland. He was the Green Group Guest of the week.

“I can't deny that the horse raced on Tramadol,” Arnold said. “I took my positive and I didn't argue it. I didn't say anything. But after taking it, I wanted to point out that I don't think it's fair. I don't think the system is right on these trace limits. I'm trying to create some positive movement to change the rules and bring about some positive changes.”

Arnold said the only way the drug could have gotten into the horse's system is through environmental contamination and that HIWU's zero tolerance stand on drug positives is unrealistic.

 

Rusty Arnold Joins the TDN Writers' Room from Thoroughbred Daily News on Vimeo.

 

“I have no doubt that it came from contamination,” he said. “But my major objection is that in today's society, there is no such thing as zero tolerance. There needs to be a level and if the medication is under that level it won't be a drug positive. I'm trying to move forward and trying to make a positive change. Too many people are getting involved in similar situations right now. It's one every day or one every few days. And I disagree with it.”

Arnold said he heard from over 300 people since his ordeal became public and said the overwhelming sentiment was that he was being treated unfairly.

“The response has been very good, a little bit overwhelming actually,” he said. “I answered over 300 emails and texts over the next 48 hours. I would say 99.9% were positive and that included support I received from several Jockey Club members, which very much surprised me. The one thing that was the theme that echoed between every one of them was, 'this isn't what we signed up for with HISA. This isn't what we thought it was going to be. We thought we were going to catch guys that were clearly cheating. We didn't know that the everyday guy that's out there trying to do his job was going to be snared by the gotcha mentality.'”

In our breeding spotlight section we looked at the Coolmore stallion Tiz the Law and the WinStar stallion Audible.

Domestic Product | SV Photography

Elsewhere on the podcast, which is also sponsored by the Kentucky Thoroughbred Association, Coolmore, 1/ST Racing, West Point Thoroughbreds, WinStar https://www.winstarfarm.com/and XBTV.com, the team of Randy Moss, Bill Finley and Zoe Cadman reviewed the major races from last week, which included the one nobody could bet on–the GIII Tampa Bay Derby–won by Domestic Product (Practical Joke). Cadman said she was impressed by the performance of the Chad Brown-trainee, while Finley said he was underwhelmed because of the weak field.

There was also talk of the win by Kinza (Carpe Diem) in the GIII Santa Ysabel S. Kinza is arguably the best 3-year-old filly in training but because she is trained by Bob Baffert she cannot run in the GI Kentucky Oaks. Cadman was in Ocala for the March OBS 2-Year-Old Sale and gave a scouting report on which freshman sires she thinks will stand out during the sale.

To watch the Writers' Room, click here. To view the show as a podcast, click here.

 

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Open Letter to the Industry: Lisa Lazarus on Contamination

Like many of you, I read Rusty Arnold's open letter about his positive test with interest, and carefully considered the concerns that he identified. Also, like many of you, I am privileged to personally know, and respect Rusty, so I do not take his criticisms lightly. Rusty identified some of the challenges inherent in administering an equine anti-doping and medication control (“ADMC”) program that is efficient, effective, and fair. However, it is important to note that those same challenges existed long before HISA and HIWU came onto the scene. In fact, there is no difference whatsoever between the prohibition of, and the testing for, Tramadol (the substance found in Rusty's horse) pre- and post-HISA, nor for the application of the trainer responsibility rule. There is a difference in the sanction, however, which is less severe under HISA. But more importantly, HISA is doing, and will continue to do, whatever it takes to help make our ADMC Program as effective and fair as it can be.

Let me start by laying out the relevant history of Tramadol, an opioid analgesic, in horseracing. Tramadol has always been a prohibited substance under ARCI rules; it was originally a Class A penalty and was changed to Class B in March 2016. In fact, Carol Cobb, a Kentucky trainer, was ordered to serve a 180-day suspension in 2021 for Tramadol (the violation arose prior to March 2016.)   Every international racing jurisdiction bans Tramadol. Under FEI rules (sport horses), Tramadol is classified as a doping–not medication–substance, and a positive test yields a presumptive two-year ban. Under HISA, Tramadol is a Class B violation because HISA's ADMC Committee recognized that there are legitimate indications for the use of Tramadol in a horse outside of a race.  A Tramadol positive now comes with a 15-day suspension, which can be reduced to seven days if the trainer accepts the consequences without a legal challenge (which is what Rusty opted to do in this case). HIWU testing specifications for Tramadol are consistent with TOBA's Graded Stakes testing which were in place prior to the implementation of the HISA ADMC Program. Kentucky samples were previously tested to the TOBA standards, as the KHRC did not distinguish between stakes and non-stakes races when testing for Tramadol. So, put simply, nothing has changed regarding the treatment of Tramadol in Kentucky, except that HISA has a more lenient sanction than previously applicable to Kentucky trainers.

One of two things is true for any substance: it either has a legitimate, medically justified use in Thoroughbreds and is permitted to be administered properly–or it doesn't, regardless of whether it's been proven to enhance performance. If a substance has no legitimate therapeutic use, then as an industry we need to ensure these substances are not permitted in a horse's system–whether intentionally or unintentionally. In addition, while horsemen's fears are understandable, in truth the risk of “contamination” causing a positive test is exceedingly low.  Nonetheless, HISA firmly believes that maintaining a backstretch free of contamination is a responsibility that must be shared amongst all racing stakeholders, and not fall exclusively on horsemen's shoulders.

So, what are HISA and HIWU currently doing to help protect horsemen from the risk of contamination?

 The Atypical Findings Policy: This program applies to environmental contaminants (e.g., ractopamine, caffeine) and hormones that the horse can produce on its own (e.g., testosterone). The full list of Atypical Findings substances can be found here. HISA Anti-Doping and Medication Control Program Atypical Findings Policy – HIWU.  If any of those substances are detected in a horse's sample, HIWU recognizes that they may likely be the result of contamination, and an investigation is initiated to determine the likely source or cause of the positive test. If HIWU is satisfied that the likely source of the positive was contamination, the trainer is never charged with a violation, and it is never made public.  Since HIWU took over testing nine months ago, there have been 35 positive tests suspected of being environmental contamination and only two have been pursued as violations. The public has not heard of these positive tests, because they are disposed of confidentially; in short, it's a successful program.

Inadvertent Transfer of Human Drugs of Abuse: This is a modification that HISA made in response to a request from the Horsemen's Advisory Group. This separate protocol applies to a list of substances including cocaine, marijuana, methamphetamine, and oxycodone, and is included in the revised rules sent to the Federal Trade Commission.[1] If any of those drugs are detected in a horse's sample, the expectation is that it is likely inadvertent human transfer, and, assuming that the new rules are approved, the ineligibility period will be capped at 60 days (unless of course there are concerns, based upon the available evidence, that the drug may have been intentionally administered.). While HISA awaits the approval of the new rules, HIWU is putting any cases that would result in a shorter ineligibility period under the new rules on hold so that horsemen who have such cases now will be able to benefit from the proposed rule change if it is approved.

All Track Accreditation Visits Now include Cleanliness and Protocol Reviews related to Receiving Barns: Beginning in 2024, once HISA became alerted to Horsemen's concerns, these receiving barn reviews were added as a mandatory requirement at all HISA track accreditation visits.

What are HISA and HIWU planning to do to further protect Horsemen from the risk of contamination?

Random Use of Mobile Drug Test Pouches: Prior to Rusty Arnold's letter, HISA had purchased a significant number of Mobile Drug Test Pouches and is engaging in discussions with HISA's Racetrack Accreditation team and HIWU on how these tests might be deployed under a protocol that would further assist HISA in reducing contamination risk from the backside.

Daily Monitoring by HIWU Investigators: Also previously planned, HIWU investigators stationed at racetracks will employ a daily “to do” list each morning beginning on March 14, which will include the monitoring of common areas for horses, such as receiving barns, for cleanliness.

Continually Review Testing Levels to Address Contamination Issues: As an integral part of HISA's Laboratory Harmonization Initiative, the laboratories continually review testing levels for harmonization, contamination risk, and to ensure consistency with the goals of the ADMC Program.

What can horsemen do to help?

If you See Something, Say Something: As an industry, we are all in this together. We need to know when horsemen observe contamination risks at racetracks if we are to be effective. Please email HISA at keepitclean@hisaus.org with any photos or concerns and we will follow them up immediately. We will keep the source of all such communications strictly confidential.

Maintain a Strict Policy against Urination in the Stables:  We understand that trainers cannot be everywhere and see everything. But your employees should know that urinating in the stalls is prohibited and, if they do, there will be serious consequences.  To be most effective, this should come with reminders to employees to apply hygienic practices, especially handwashing.

If You Can Afford Them and the Racetrack does not Provide Them, Install Webcams in Your Barns: HISA encourages the installation of cameras whenever and wherever possible for an additional layer of risk protection.  HISA will be working to promote more widespread use of cameras at racetracks.

Use Best Efforts to Avoid Hiring Drug Users in Your Barn:  We understand that this may not be obvious when you hire someone, but you should at least have a policy in your stables of avoiding the knowing hiring or retention of drug users.

In sum, HISA and HIWU are fully committed to a fair and effective ADMC program that minimizes the risk of holding anyone without fault accountable for an anti-doping or controlled medication rule violation. If everyone does their part as listed above, we believe that goal is attainable. The HISA ADMC Program will always prioritize the inherent integrity of the program by treating everyone, no matter their stature, the same. We will never allow personal views, or the reputation of any individual racing participant, to supplant what the laboratory reports or related science dictates. (In fact, the Horseracing Integrity and Safety Act prohibits HISA/HIWU from taking any trainer's pre-HISA history–good or bad–into account.) Having the regulator decide who are the “good” guys and who are the “bad” guys, would completely undermine the integrity of any program, and make HISA's mandate entirely futile.

We hope by outlining our program and explaining how trainers can contribute, you will see that we take this issue seriously. HISA and HIWU always welcome constructive industry feedback on our programs as we continue to refine processes and protocols. Feedback can be submitted directly to HISA at feedback@hisaus.org or to the Horsemen's Advisory Group here at horsemenadvisory@hisaus.org.  Please don't hesitate to continue to provide feedback and suggestions of any nature, so that we can work together to reach the important goals that are in the common interest of all industry stakeholders.

 

[1] The full list includes the following substances:  i) Cocaine/Benzoylecognine; (ii) Methamphetamine; (iii) Methaqualone; (iv) Methylenedioxyamphetamine (MDA); (v) Methylenedioxyethylamphetamine (MDEA); (vi) Methylenedioxymethylamphetamine (MDMA);(vii) Oxycodone; (viii) Phencyclidine (PCP); and (ix) Tetrahydrocannabinol (THC).

 

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Arnold Receives Seven-Day Suspension for Tramadol Positive; Raises Contamination Questions

Trainer Rusty Arnold has been suspended seven days and fined $1,000 after the 2-year-old filly he trains, Figgy (Candy Ride {Arg}), tested positive for a metabolite of Tramadol.

“I received notification and today am accepting the penalties for a horse in my care testing for a controlled substance under current HISA/HIWU regulations,” said Arnold in a letter circulated by the National Horsemen's Benevolent and Protective Association. “To be clear,” continues Arnold, “I have no issue that I have a positive post-race test. The problem is why it is a positive. We can't afford to just stand on the rail expressing outrage whenever one of our training colleagues gets ensnared in HISA and HIWU testing policies and penalties that defy common sense and ignore the realities of our environment. We need to speak not amongst ourselves but to speak up together to regulators–loudly–that the system in place is unfairly hurting livelihoods and reputations while doing nothing to make our horses and industry safer. I'm not anti-HISA (Horseracing Integrity & Safety Authority). But I'm very much against some of the policies they've put in place–and allowed its enforcement arm HIWU (Horseracing Integrity & Welfare Unit) to put into place–in determining drug and medication violations.”

Arnold said the drug was detected in Figgy's post-race test after her win in a Dec. 27 maiden race at Turfway, at a level of three nanograms per millileter of urine.

Tramadol is a narcotic used for moderate to moderately severe pain, according to the Mayo Clinic, which says it is also used to treat severe pain when opioids cannot be used or are not effective. It is often given post-surgery.

Officials at HIWU released a statement to TDN upon request. The statement read:

“A first-time presence violation for Tramadol, a Class B Controlled Medication under HISA's ADMC rules, calls for a period of Ineligibility of up to 15 days. This mirrors the penalty recommended for Tramadol in the ARCI's Model Rules, which predate HISA. Mr. Arnold chose to admit the violation, which reduces his period of Ineligibility to 7 days.”

Arnold continued: “I am accepting my penalty and will move on. However, I do 100 percent deny giving or instructing anyone on my staff to administer Tramadol to Figgy,” Arnold wrote. “We interviewed every person who came in contact with Figgy and no one had a Tramadol prescription. Figgy is under 24/7 state-of-the-art video surveillance supplied by Keeneland. This was offered to HISA, but they never responded to the offer to make that video available. We do not believe Figgy received Tramadol in our care.

“It is our belief that Figgy was contaminated with Tramadol either on the van ride to Turfway Park that day or in the receiving barn where she was in her assigned stall for approximately eight hours prior to her race. We have no control over those factors.”

Arnold said that he felt that HISA was unrealistic in its views and penalties for environmental contamination. “Horses are grazing animals,” he wrote. “They eat dirt. They love to lick smelly wet spots in stalls. They eat manure. They lick the walls of ship-in stalls. It is unreasonable to think we can control this.”

HIWU's statement to TDN continued: “HISA has introduced a cleanliness review of receiving barns into its racetrack accreditation visits and will continue to emphasize to racetracks the importance of maintaining the highest level of cleanliness standards in receiving barns to minimize any risks to horses.”

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Saturday’s Insights: Daughter of Grade I Winner Romantic Vision Debuts at Keeneland

4th-KEE, $100K, Msw, 3yo/up, f, 6f, 2:36 p.m. ET.
G. Watts Humphrey campaigned homebred Romantic Vision (Lemon Drop Kid), who won three out of her four tries at Keeneland, including the 2017 GI Juddmonte Spinster S. Now, her first offspring RARE AFFAIR (Medaglia d'Oro) debuts and like her dam, she's trained by Rusty Arnold.

Romantic Vision is also responsible for a yearling colt by Nyquist, who just sold during Keeneland September for $700,000 to the Three Amigos, foaled a colt by Essential Quality Apr. 1 and she was bred to City of Light for next year.

Rare Affair hails from a deep family of Humphrey homebreds which includes second dam GSP Perfect for You (Giant's Causeway), fourth dam GSW Dream Scheme (Danzig) and her half-sister, MGISW Clear Mandate (Deputy Mininster), herself the dam of MGSW and MGISP Newfoundland (Storm Cat) and GISW Strong Mandate (Tiznow), among others. TJCIS PPS

7th-WO, $111K, Msw, 2yo,, f, 7fT, 4:37 p.m. ET.
Switching to the E.P. Taylor Course at Woodbine, a $550,000 Keeneland September purchase by Tracy Farmer named Aspen Dawn (Quality Road) makes her first start for Hall of Fame trainer Mark Casse.

Out of unraced dam Aspen Light (Bernardini), who went to Eaton Sales for $360,000 at the '20 Keeneland November Breeding Stock Sale with the bay filly in-utero, Aspen Dawn counts GIII Stonestreet Lexington S. hero Owendale (into Mischief) as a half-brother.

This is an extended female family which includes GI Lane's End Breeders' Futurity winner Great Hunter (Aptitude), GIII Peter Pan S. champ Promise Keeper (Constitution) and champion 3-year-old filly Stellar Wind (Curlin). TJCIS PPS

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